Savannah GA Vehicular Homicide

Vehicular homicide in Savannah GA refers to an accident that causes in the death of another person. The dead person could have been in the same vehicle or in another vehicle or a pedestrian. To be charged with vehicular homicide, the police and the prosecution must believe that you were operating the in an illegal manner – under intoxication, driving above the speed limit, driving extremely recklessly or a wide variety of other illegal actions. The penalties for vehicular homicide range from fines and probation to a year in jail. First degree vehicular homicide is a felony. A homicide by vehicle is considered as first degree when the driver:
(1) unlawfully met or overtook a school bus;(2) unlawfully failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or rather was trying to flee from a law enforcement officer, or (6) had been declared a habitual violator in the past.
First degree vehicular homicide is punishable by 3 to 15 years in prison. If the accused had previously been declared a habitual offender, the punishment ranges from 5 to 20 years, and at least 1 year of the sentence must be served.

Second degree homicide by vehicle covers all vehicular homicides without intent to kill that involve any other violations of the laws regulating the operation of motor vehicles. For instance, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, except if such constituted reckless driving, can be charged as a homicide by vehicle in the second degree.

Second degree vehicular homicide is a misdemeanor, punishable by prison time for up to 1 year, a fine of up to $1,000, or both. But, at the judge’s discretion, punishment may be suspended or a probation sentence may be received.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Savannah GA Burglaries

Burglaries of hotels, motels, lodging houses, or other places where lodging of transients is the main objective will present reporting problems to law enforcement in Savannah GA. When a number of units under a single manager are burglarized and the offenses are most likely to be reported to the police by the manager rather than the individual tenants, the burglary should be reported as a single offense in Savannah GA. Cases are burglaries of numerous rental hotel rooms, rooms in flop houses, rooms in youth hostels, and units in a motel. If the individual living areas in a building are rented to the occupants for a period of time that would preclude the tenancy from being classified as transient, then the burglaries should most likely be reported individually by the occupants. In Savannah GA these burglaries should be reported as individual offenses. Instances of this second kind of multiple burglary are the burglaries of a number of apartments in an apartment house, of the offices of a number of commercial firms in a business building, of the offices of separate professionals within one building, or of a number of rooms in a college dormitory. In the course of a burglary, entry follows the breaking. Literally, it happens when there is physical intrusion into another’s dwelling or building by any part of the intruder’s body. A momentary intrusion is sufficient. When a thief kicks open a window to obtain access to a dwelling, the momentary insertion of the foot is an entry. If an instrument is used to obtain access to a dwelling, the intrusion of the instrument will not be an entry unless it is used to accomplish the intended felony. If the instrument is used to remove something from inside the dwelling, there is an entry sufficient for burglary.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

The Writ of Habeas Corpus

If someone you know has been imprisoned in Richmond Hill, GA , contact a criminal attorney
The petition for habeas corpus generally has the following
• The identity of the prisoner;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners are allowed to file petitions for habeas corpus, challenging the legality of their detention but the right can be suspended in times of national emergency.

When the court has been served with a petition for habeas corpus, depending upon the nature of the petition, it can grant a writ, deny the petition, or schedule a hearing on the petition. If the writ is granted, the writ may be served upon the custodian of the prisoner ordering that the prisoner be produced before court as ordered.

If a writ of habeas corpus is issued, the prisoner will be brought to court at the fixed date and time. The aim of a hearing on the writ of habeas corpus is not to decide whether the prisoner is innocent or not, but is rather to decide whether the legal grounds claimed for the detention is legal. When the detention is illegal, the prisoner must be released. Whether or not imprisonment is lawful, if the charge against the prisoner is valid the prisoner can undergo trial on that charge. For example, the prisoner might file the petition for habeas corpus alleging detention on the basis of an illegally excessive bail amount, however even if the reviewing court finds the bail amount is high and provides relief the prisoner would still have to undergo trial on the underlying charge.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Your rights when facing forfeiture in Richmond Hill, GA

Your rights, and the process involved in criminal forfeiture, differs largely from state to state, and even based on the law you are accused of breaking. If you are facing criminal forfeiture of your property, you may be informed in advance of your prosecution. Sometimes, criminal forfeiture process will be started at the time of, or after conviction.

The method in which forfeiture will be handled, and whether the proceedings are “criminal” or “civil” in nature, will vary hugely from state to state. It is generally advisable to seek assistance from a lawyer, if you are facing any kind of forfeiture action.

Civil forfeiture is very much like criminal forfeiture in many ways. However, while criminal forfeiture imposes an extra penalty upon the owner of property for his wrongful conduct, a civil forfeiture action is brought against the property itself. For criminal forfeiture to be initiated, the owner of the property has be convicted of a crime, but civil forfeiture can take place even if the owner is acquitted. In some instances, the property owner will not even be charged with an offense. Civil forfeiture proceedings must establish “beyond a reasonable doubt” that the property has a sufficient connection to a criminal offense to require its forfeiture under the law. Criminal cases should be tried under the much higher standard of, “Guilty beyond a reasonable doubt.”

If you are facing forfeiture in Richmond Hill, GA , contact a lawyer immediately.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Richmond Hill, GA White Collar Crimes

“White Collar Crimes” are a category of crimes which typically occur in businesses or corporations, including “insider trading,” “antitrust violations,” “computer fraud,” “securities fraud,” and “money laundering.” White collar crimes are non-violent in nature, and typically include certain kind of fraud or dishonesty. These crimes are committed through apparently legitimate businesses. Many times the principals of the corporation are associated with the criminal activity, while on other occasions the crime is committed by an employee of the business, without the knowledge of others.

A corporation in Richmond Hill, GA which does not respond properly to a criminal activity, or allegations of a criminal offense, may appear to be involved in that offense. Particularly if a corporation is governed by state or federal laws, it is essential to have the correct compliance, reporting and investigatory mechanisms, to handle any rumors or reports of illegalities by staff. If a business does not intend to be made liable for illegal activities, or desires to diminish the responsibility, the perfect means of doing so is usually to cooperate with the investigation of the inappropriate conduct.

There will also be circumstances when a business appears to be so deeply associated with the criminal activity that a criminal charge is initiated against the business itself. This typically happens when it seems that the managers and directors of the business were so involved in, or so indifferent to, the criminal offense that the entire corporation seems to have tacitly committed the criminal activity.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney